Iftaa' Department

About the General Fatwa Department

The Fatwa Department of the Hashemite Kingdom of Jordan was founded in 1921. Since its formation, it has relied upon Hanafi fatwas which were in use during the Ottoman era, and the Mufti has answered the questions of members of the public, whether they relate to worship or financial transactions or personal statutes, and it has assigned a mufti to each judge in cities both large and small. The judge seeks the mufti's assistance in solving social problems, just as the mufti refers to the judge matters which are not within the mufti's jurisdiction and which require evidence and witnesses....Read More

Iftaa' Board

Board of Ifta’, Islamic Studies and Research:

The Ifta’ Law number (60) of the year 2006, and the modifying Law number (4) of the year 2009 state that a Board is to be established in the Kingdom and called “Board of Iftaa’, Islamic Studies and Research,” and that the General Mufti (who is now Shaikh Abdel Kareem El-Khasawneh) is the Head of the Board. The following are members:
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Fatawaa

Fatawaa

Fatwa Number : 3528

Subject : Taking Back Money Given to a Rich Beggar

Fatwa Type : Search Fatawaa

Question :

I have given some money to a beggar, but I found out that she was rich. Therefore, my daughter tricked her and managed to take that money back. What is the Islamic ruling on what my daughter has done?

The Answer :

Praise be to Allah the Lord of the Worlds.

It is forbidden for the rich person to ask others to give him/her Sadaqa (Voluntary charity) and whatever he/she takes through that means is unlawful. In fact, Islam has warned against this in several Hadiths, some of which are the following: Ibn ’Umar (RAA) narrated that The Messenger of Allah (PBUH) said: “A man who persists in begging people to give him charity, will come on the Day of Judgment and there will not be a piece of flesh on his face.” Agreed upon."{Bukhari & Muslim}. Also, it was narrated that Abu Hurairah said: "The Messenger of Allah said: 'It is not permissible to give charity to a rich man (or one who is independent of means) or to one who is strong and healthy."'{Muslim}. Moreover, Abu Hurairah (May Allah be pleased with him) reported:
Messenger of Allah (PBUH) said, "He who begs to increase his riches is in fact asking only for a live coal. It is up to him to decrease it or increase it." {Muslim}.

As for the giver, if he gave the Sadaqa under the assumption that the recipient is in need, then Allah will reward him/her for it. The evidence is the following Hadith: Ma'n bin Yazid bin Akhnas (May Allah be pleased with them) (he, his father and his grandfather, all were Companions) reported:
My father set aside some dinars for charity and gave them to a man in the mosque. I went to that man and took back those dinars. He said: "I had not intended you to be given." So we went to Messenger of Allah (PBUH), and put forth the matter before him. He said to my father, "Yazid, you have been rewarded for what you intended." And he said to me, "Ma'n, you are entitled to what you have taken."
[Al- Bukhari].

If the given sum was Zakat {Obligatory charity}, then the giver is allowed to take it back to give it to one of the eligible recipients prescribed in the Noble Quran to be cleared from the liability before Almighty Allah. If it was Sadaqa, then he isn`t allowed to take it back, even if the taker didn`t seem in need, because it is allowed to give Sadaqa to the rich, and Allah will reward him for that.

Ibn Mofleh (May Allah have mercy on him) said, "Ibn Shihaab said, "The giver of Sadaqa isn`t obliged to take it back if he realized that the recipient is rich. This is because he/she gave it for the reward and since he/she has attained that, he/she isn`t allowed to take it back. On the other hand, if it was Zakat, then he/she is allowed to take it back to give it to one of the eligible recipients specified in the Noble Quran to clear himself/herself from the liability before Almighty Allah."{Al-Furu` Wa Tas-hih Al-Furu`, 4/294}.

In conclusion, the money that the asker has taken back is unlawful and she shouldn`t have resorted to deception to do that. But, since she has taken it back, she doesn`t have to return it to that beggar. And Allah the Almighty knows best.

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